(1.) This writ petition has been filed with prayer that a Writ, order or direction be issued in the nature of certiorari, commanding the respondents to send the entire record and the proceedings against the petitioners, for quashing the same, as well as for issuing a writ of mandamus commanding the respondents to provide a copy of the case diary and other proceedings related to petitioners, in order to enable them to defend their case.
(2.) The facts of the case are that a First Information Report (hereinafter called 'F.I.R.') in Case Crime No. 60 of 2005, under Section 392 of the Indian Penal Code (hereinafter called 'I.P.C') was lodged with the Police Station Saidabad, District Hathras (Mahamayanagar) on 13.3.2005. In the F.I.R., two persons were named as accused. The names of the petitioners do not find mention in the said F.I.R. In pursuance of the same, investigation commenced, and it appears that during investigation, the names of the petitioners were also revealed. Accordingly, the police is trying to apprehend the petitioners. In such an eventuality, the Investigating Officer filed an application in the Court of the Judicial Magistrate, Saidabad District Hathras (Mahamayanagar) for permission to proceed under Section 82 of the Criminal Procedure Code, 1974 (hereinafter called 'Cr.P.C), and that application has been allowed vide order dated 6th May, 2005. Hence this petition for quashing all the proceedings.
(3.) Shri Gaurav Sharma, learned counsel for the petitioners has submitted that it is a fit case where this Court should issue a writ of certiorari quashing the entire proceedings as petitioners have a right to information as for what offence and in what case they are wanted. The reputation of the petitioners is at stake and that itself is sufficient ground for interference by the writ Court. Entire proceedings against the petitioners are in violation of the provisions of Articles 21 and 22 or the Constitution of India. Thus, this Court should quash the entire proceedings after calling the record.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN